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One of the more enjoyable tasks you must face as you plan your new business is the development of your trademark. Though imagining just the right graphic or logo that will represent your business may be fun, you will need to be careful that the trademark you decide on isn’t the same or too similar to one used by another business. To avoid this circumstance, you’ll need to conduct a trademark search to ensure your mark is unique.

1

Log in to the United States Patent and Trademark Office at uspto.gov to conduct a search of all federally registered trademarks; click the tab labeled “Trademarks.” Select the link titled, “Trademark Electronic Search System (TESS),” under the “Tools” bullet list. Complete the search form and submit to conduct a registered trademark search.

2

Contact your state office of the secretary of state to request information on how you can conduct a search of all state registered trademarks. Understand that while some states may conduct a search for you for a fee or allow you to search via online database, many states still require a search be completed only as a step in your application process. Access the website of the secretary of state to see if they have a trademark search function/ The site for the Texas Secretary of State (sos.state.tx.us) requires the user register and pay a $1 fee by credit card to search the Texas database.

3

Decide if you are willing to pay the nominal registration fee to conduct the state-wide search. Know that if you do find a state registered mark that is too similar to the mark you have chosen you will not be permitted to register your mark and you may not have to pay the fee.

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4

Conduct a global trademark search by logging into a fee based search service, including Thomson's SAEGIS database at Thomson-thomson.com. Register with the search provider and make payment in order to access the global database of logos, trademarks and service marks. Cross-reference your mark with those you find within your industry, product type or graphic description to ensure your mark is unique and will not be confused with the mark of another company.

5

Search the Internet using search terms that relate to your business, product, business name or trademark description to find sites that may display similar trademarks.

6

Log in to ICANN.org, the international accrediting agency that monitors domain name registration and browse the listing of accredited domain name registrars. Search for the registrars that register the domain extensions of business sites--.com, .biz or .net, for example. Access the websites of these registrars to locate the sites of businesses that may use similar logos as the one you have selected.

Tips

Take your trademark search seriously. Identifying a mark that is too similar to your own before you register it can help avoid consumer confusion and legal liability in the future.

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About the Author

Malik Sharrieff is a marketing and business communications professional in New Orleans. He has more than 15 years of experience in marketing, public relations and customer relationship management; over eight years of experience as an academic writer; and as an online journalist for two years.